6.3.2024 Conservation Commission

uh welcome to the Conservation Commission meeting today uh for um held at the for public hearing on Monday the 3D 2024 5:30 in the first floor hearing room one government center Fall River um pursuant to the open meeting laws any person may make an audio or video recording of this public meeting or may transmit the meeting through any medium attes are therefore advised that such recordings or Transmissions are being

made whether proed or unperceived by those present and deemed acknowledged imp permissible we'll start with roll call to my left Chris Bo here Lis far John Brant J Paul Valen and we also have Dan agar conservation agent Patty aiar head Clerk and Craig Salvador from frgtv okay first on tonight's agenda is the notice of intent SE -24 d831 owner applicant Jeff Sylvia project location

2450 Indiantown Road access's map is w- 34-12 filed by ecosystem Solutions Inc on behalf of the applicant the applicant is proposing a restoration plan to remove the unauthorized cart pass created in around 2017 from an order of additions from 1997 DP file number se- 24289 this was tabled from our May 6th meeting so similarly as we've dealt with in the last few meetings Michael laasia for the

applicant has requested that the hearing be tabled to the July meeting he believes they're close and should hopefully have something put together by that okay can I have a motion to table motion to table second uh all in favor I yes hi negative none okay all righty next is uh review and discussion of updates on B Rock Road this was tabled for May 6 2024 meeting so just after the last meeting I did

finally get correspondence back from the attorney for the owner and I put the quote in here we would be looking to continue to bring in Sandy Phil to level and grade the site from now through August and lman Seed in September with the recommended seed mix so that it's done this year um I did not get out there myself over the last couple of weeks but I know Chris has and there is

a concern with regards to updating in some of the erosion control and that the gate uh was now open as well so the erosion control after the last heavy rainstorm that just there was sedimentation silk running across B Rock Road into the adjoining Wetlands it's the same issue that we've been having with them um so whatever work they did do with respect to the erosion control was inadequate for um the site so

I can reach out to them schedule on the site visit have them up upgrade and update whatever is missing and make sure that they stay on it and maintain it I don't know if any additional fill had been taken or dropped off there yet but we'll take a look at that while we're out there as well any other questions uh can I have a motion to table till next month and have Dan send

them on a update on the erosion control so moved second all in favor all right hi hi hi all right uh next uh discussion on uh review and discussion adopting fee structure um still nothing on that um so can I have a motion to table to the following month second it uh all in favor I I I yes okay uh review and discussion of 1262 Brighton a tabled for

May 6 meeting uh so nothing on the site excuse me um different to update from last meeting I did reach out to the consultant again and again in quotes we have it about 80% complete hoping to have it completed in the next few weeks for submitt to you that's with regards to the updated site plan revisions that that you had asked for previously so I would just recommend tabling it and we

can get another update next month okay can I have motion table motion table second second uh all in favor I I I yes okay uh next is a request for certificate of compliance se- 24757 uh owner applicants for River Department of Community utilities project location 700 Wilson Road accessor map is z- 04- 00001 filed by wri Pierce engineer a better environment on behalf of the applicant the applicant is requesting a

certificate of compliance the Fall River Construction has been completed substantial complete compliance with the plans deviation from the plans did occur near the m-5 original plans called for planning a stone channel was implanted instead of to help the drainage and erosion control Channel and Banks were restored and stabilized so this actually dates back to the April meeting ultimately we had

asked them to make some comments some updates some revisions so I can offer that they have satisfactory submitted all the revised plans that we asked for and addressed any of the outstanding concerns we have so I would recommend the issuance of a certificate of compliance okay motion to approve CC second uh roll call I I I I yes I ready next on the list is uh request for determination of accessibility -16 owner

applicant Paul furland uh location 10 fery street sessor map is n-14 d002 filed by Wright Pi engineer a better environment on behalf of the applicant the applicant is opposing a sewer pump station mechanical electrical equipment replacement replacement of deteriorated generator house with flood hardened house anchored to a pile Foundation installation of a bypass sewer connection to enable the work to

take place outside the for 25 foot Riverfront area erosion control protection would be installed to prevent sediment from escaping the work site this was tabled from May 6 again I believe dating back to April for the initial submission uh we had a number of concerns that we asked the consultant to to look at they're still working on that with the abing land owner so at the request of the applicant um they'

requested that the matter be tabled so that they can continue working on addressing all of our comments right so I recommend that the item be tabled can I have a motion to table so mooved second it all in favor I I I I yes um next is a request for determination accessibility d188 applicant owner is New England power company uh property location is zero North Main Street assessor map is t-15

d002 followed by applicant of New England power company the applicant is requesting this FDA to support the chapter 91 Waterway license application being filed with the mass DP for n12 M13 double circuit Tower separation project this is limited to small portion of the project that is sub to chapter 91 jur a separate noi will be filed for the remainder of the work this was uh table from May 6 so this is

really a bookkeeping item if you remember you actually voted on this at the last meeting but there was a question about the legal ad yeah um which hadn't been appropriately advertised so it has been read vertis put back on the agenda today basically just giving the ability for public comment and then take another vote after that um please note audience and the and the commission this is entirely

different from the notice of intent that's been file for the work later on in the agenda this evening so this just have to do with the chapter 91 jurisdiction stuff if you remember correctly you can add anything you'd like no that's correct the only other thing is yeah this is just um an RDA for uh the crossing of the uh Totton River for the n12 and M13 transmission lines from Somerset into Fall River and as we

indicated at the last um meeting uh we will be submitting a separate notice of intent for the entirety of the project when we actually build the structures in line so you'll be seeing that sometime this year okay anyone any audience for this right any question guys can I have a motion to issue a negative determination so moved second all in favor I I I I yes I all right thank you thank you very much for your

time tonight thank you much uh next is an enforcement order se- 24- 682 Weaver Cove Industrial Park LLC project location 0 North Main Street assessor map is t- 02- 00001 followed by the city of for River so Mr chairman commission members as you aware there was a wetland violation out on what you know as the Shell Oil site to the very Northerly end of that um where it runs into the

National Grid property where where they where they cross the tarton river we had asked through an enforcement order that the applicants made a notice of intent uh proposing the restoration of the proposed of the area that had been altered we did receive via email today a what I think is a draft restoration and revation plan which uh it would be my recommendation that the council really

not get too deep into it or make any recommendations with regards to that um until the notice of intent is is submitted for the work um notice of intent not only for the work work with the Wetland elimation uh gives proper butter notification legal advertisement so anyone with any concern has the ability to come here and speak to you uh before you act that would be my recommendation but by all means uh

attorney Nyan if you remember came in just uh just missed the meeting y because of traffic last time so we thank thankful that he here it tonight and early enough so I I don't think it would be inappropriate for just a quick response and acknowledging the the issue and moving forward and you can give him some direction with regards to is a notice of intent going to be required or

not um any questions from start with the board so good evening uh chip NY on behalf of the applicant I left at 3:00 today instead of at four o00 so um so thank you very much uh when I when we received the enforcement order it said to do uh two things number one was to put erosion controls down which we did immediately and to cease and assist we which we we obviously did and the way I

read the document was to come to the commission to discuss the matter as opposed to having to file a notice of intent so what we did was we uh we've been out of the site we did we retained a a wetland consultant Gard um Consulting LLC they've been out to the site several times uh they've uh confirmed that we have erosion controls it's a St pretty stable area out there um but obviously work was performed uh

the reason I want to come tonight was to determine whether or not you wanted to handle this under an enforcement order uh where we file an enforcement plan or through a notice of intent uh sometimes in commissions they'll ask that it be done through an through the enforcement order process because it's a quicker process to the extent that we go out and you know put together the notice of

intent delineate the wetlands have them surveyed it it takes a little bit of time so I thought it would be appropriate that we showed you exactly what had taken place out there gave you a little history of the site I think everyone knows you know the the the history of the site but just to remind you of it and then to get your um guidance in terms of how we proceed with

either a notice of intent or or through the enforcement uh process obviously under both you have complete control over what takes place and uh for peer review or otherwise it's uh it's up to the up to the to the commission so please note uh attorney Nyon as well as the commission um page three or four of the enforcement order the box is checked where it states complete the attached

notice of intent notice of intent shall be filed with the issuing authority honor before May 6 2024 for the following resource area Restoration in accordance with WPA guidelines and requirements so I think it was pretty clear in the order what was anticipated or requested by by the commission but by all means they do have have the ability to to back off of that if they see so see

fit I think uh I would like to see an NOA absolutely yeah M I do have a question though what what's the purpose of the clearing in the first place so the work that was done to the north of the site was in connection with preparing for uh what we believe is going to be taking place with NEP on our property NEP with their split ter uh Tower is looking they don't own all the

property for the Tower or for the staging area so they've they're going through the dpu they've they've been negotiating with us with respect to using portion of that property for Access and for staging for ultimate construction so that was the work that was done it was never intended to go on to any PE property the individuals who are out there uh were supposed to stay on our property they had no NEP had no

idea that we were doing the work we didn't ask them to do work on their property because we didn't expect that we were going to be doing work on their property but that that's what the purpose is there's no development scheme at this point for that area that was uh that was cleared relating to uh to us so it was cleared in anticipation of an agreement with NEP correct but there was

there is no formal agreement with at this point no there no there is not that those negotiations are still going forward so basically the clearing was to enhance the property for the purposes of putting up another Tower would that is that fair characterize I I don't I don't I'm not sure that we would call it enhance I mean that that's a it's a vacant area it's going to be solely dedicated to the tower uh you know

there's not going to be you know housing or construction or anything else I mean enhanced in that it to put a tower up because you don't you can't put a tower up if you have the the are is forested it's clearly work that we'll need to take place in the buffer zone in order for that work to go forward yes yeah but I I don't want I I want to be very clear

that this was not a discussion with NEP and that you know that we together decide this is what we're going to do the people that went out there weren't involved with Nea so I want to make sure that that's clear okay was was the tower footprint ever given to uh your client as to what it would be and the Stag in also yes we've seen that that there's they they're going asking is it going to

Encompass this whole area or is there a certain area that the Tower and the Stag was going to take place because this is a significant amount of clearing that happened here there's a substantial area that will be required for purposes of the Tower and for staging yes at that point do we know what that is more or less well I I'm not sure that we have a

plan here but we we have a we have a a pretty good idea where that is yet here it's not going to Encompass the whole land that's a substantial portion of that yes so it was and this is generally how we do things is that in your response in the filing of a notice of intent one we ask for restoration if there's if there's ultimately permitting to take place then maybe should that should be

included at the same time otherwise you're going to be restoring and planting trees where theoretically they may be cut down um now yes we we client's the one that created this mess so I don't know how far away you are with the power company with how wide is this easement going to be how much area do they need to be cleared but that that kind of should be contemplated I would

think in in your submission for notice of intent because if there are permittable activities then maybe maybe you don't have to go through the full extent of restoration and maybe resources can be spent restoring significant areas that need more attention rather than just throwing down some seed and waiting for things to grow so I can promise you if we go through restoration it's going to be

complete restoration it's not going to be what you sent um so you may want to contemplate that well that's why I wanted to come down here this this evening because there are a lot of moving Parts here and there are but but right now because that's all you've given us is we're dealing with the restoration of the areas that were altered don't care who's going in there at what point in time or for what kind

of development right now we've got an altered area that needs to be restored and that's where the commission's jurisdiction will end on this so our expectation would be that we would take into account what future activities there may be there after talking to New England power because remember we have activities that are taking place both on New England power property as well as on

our property so we would um we have to decide if we're going to have one notice of intent or two notices of intent and how we're going to go forward so right now the notice of intent is pretty much to restore the area correct correct without without without the contemplation of what may be coming there next right well that's our intent would be to submit a notice of intent that

would reflect what's going to take place in the very near future well the commission can decide whether they feel that's appropriate or not so with you mean with respect to notice of intent or enforcement order or so we've asked we've asked for a notice of intent to be submitted you you could allow them to submit a notice of intent that includes the construction project moving forward but and then the restoration of

the area is not needed for this correct but we can't I don't think we should be submitting I could be wrong but a notice of intent for something that might happen well I agree no I agree so I mean we have to proceed you know in a sound manner so if it's something that might happen there's no agreement as as as it stands correct right now correct there's no agreement with New England power

there there is no agreement but there's a there there's only one place to place the tower there's only one place for the staging so that it it's going to take place question is you know what are the terms for under which it's going to take place that's my that's my view yeah but that's not for the commission's concern I totally what Chris is saying kind of makes sense to me there's no agreement

it it might happen it will happen but until you have some kind of agreement between your client and Ne we just don't know that so as far as I'm concerned I'm with Chris on this one I think we should go restoration um and then file an amended we can amend something afterwards because it could be it could not be until there's some kind of written agreement between you your client we just don't know that right we

can't act on what might happen know what what you feel will happen we have to act on what the facts before us so right now I agree I think it's my feeling that we should no noi for the purposes of full restoration and down the road when when the agreement's reached and we have all that and all the eyes are dotted and te's AC crossed file an amended noi for the

for the with with the tower in place that's I mean there'll be a time period associated with the restoration so if for some reason you all resolve what's needed and you file the new notice of intent it may preclude from having to do some of that work but in the instance that there is no agreement and nothing goes forward for however many years the commission has the legal ability to require that the area becomes

restored um it's understood I think we're farther along I think you you you have I believe filings in front of you relative to the tower so this is not something that's going to take place in five or 10 or 15 years this is something that's around the corner so yeah anyone was there a question even um I just wanted to add a couple of clarifying details to what Mr NY has

added um so Mr NY is correct none of this work happened with any knowledge or consent as saw from disc going between the owner of Co and power um but we're comfortable with the restoration plan as it's been described and we've reviewed it and everything will happen um in appropriate coordination together I just wanted to clarify that there are not at the moment uh filings before the commission

regarding the tower that's still something that's in the works um but I think that there's probably a way forward to discussion thank you we just haven't seen a restoration plan with anyone on the commission so I think we need to proceed I think you can only act on what's in front of us what we have yeah I agree so need noi from we have a motion to request the filing of an noi for the

purposes of full restoration to the site yeah okay I have a second second we call vote I hi hi hi yes hi all righty thank you thank you

time can I have you a copy of that next on the list is request for certificate of compliance se-2 24- 799 owner applicant Highland Farms development 2 LLC project location 67 Phil stone lane assists map -4- Z5 followed by scitech Inc on have of the applicant the applicant is requesting a certificate of compliance all work has been completed in substantial compliance with the conditions so upon site visit which was

about a month ago I can offer that all the work's been uh done in accordance with the order of conditions satisfactory asilt plan was submitted as well as a letter from the from the engineering company C Inc so I would recommend the issuance of a certificate of compliance yeah pretty good all right can I have a motion for certificate of compliance second all in favor hi I I I yes hi all right let's

see next on the list request for certificate of compliance sc-24 d777 owner applicant is AIS real estate Development Corporation project locations 298 Courtney Street -5- z75

so Mr chairman um if I may so for 298 Courtney Street it's actually almost in the same development but out on Courtney Street um again this applicant has submitted the required asilt plan Engineers letter um as well as the request for certificate certificate of compliance all the work has been completed in accordance with the compliance order as well as signs have been placed the Wetland signage

everything else so I would recommend the issue instead the certificate of compliance all right motion to issue certificate of compliance second second I I in favor I I yes I all right let's see next on the list is uh notice of intent uh sc-24 d839 owner applicant Russell and Cynthia Petty uh project location 66 Shannon Street s's map is D- 09- 0089 FL by Proline engineering Inc on behalf of the

applicant the applicant is proposing to restore an existing dwelling and deck abanded existing septic system install a new septic system in accordance with Title 5 and City requirements complete the utilities Landscaping including removal existing stumps retaining walls steps added grading along the rear of the property between the dwelling and the pond thank you so uh commission this is with

regards again to the restoration of an existing very small house down uh on the south W Tupper Pond um we did actually a perk test there few months ago very uh very good soil conditions and then we knew that there was a new design coming through for the septic system uh proposed for connection to a public water system that's out in dick and sorry Spencer Street now um and there are other approvals that that this

project would need to go through uh specifically Board of Health approval site plan review and possibly the zoning board of appeals I did have a couple of initial comments that I did get a chance to send over to uh Mr Bar's office today did you get those B yes I do okay so we can run through them just quickly um and for first one was I was curious if the property had an existing waterways

license for the existing structures I checked the registry I didn't see any licenses for it I did see I went on Google and I could see that the structures the dock this ramp off to the side yeah were in existence in 1995 y but I didn't see anything okay in the registry so we'll have to deal with that somewhere along the line um again we asked that they provide the regulated

flood elevation which you can get from Paul ferland's office okay yeah what I did on this was I I located the high water mark on the rip wrap yep area and then when I went into the uh FEMA site I put that elevation I I marked it in Blue on the plan showing high water markup Suba yep and then I took the buffer from that so this yellow line is marked 100

foot setback from sou UPA Pond based on so that's from the from the high water from the high water mark and the highest point is where this little finger is where that ramp is so that's really what those two points set this 100 foot okay so that's my that was my question why there's not a jog in it that would MIM where the water is this governs this whole lock plus the whole

property excellent um I did have a question regarding asking that they provide some topography along the southernly property where the retaining wall is being removed just so that we can see how the prop closed grades will then tie into what's on the other side of the painting wall so on this piece of property this wall was in existence for a long time we actually did the stake out several years ago and the abutters

are aware that the property goes beyond this wall I called it a retaining wall maybe I shouldn't have called it that all it is is like a block wall about 8 in high okay I've Got U took a few took a bunch of pictures I only made a couple of copies but that's it looking in that's the wall sure so you can see it's flat from one side to the other that's

looking from the front of the house down so this is what I call it a retaining wall because that's what we called it but if it's like kind of a block wall if it's removed it's going to be kind they just wanted the ability to use their entire piece of so if we can just get the topography added to the plan that's the back yep I was there um then I had a question about the

existing concrete slab to the South is that being removed or reconstructed I didn't show you're talking about the one

down and I only ask what's happening with it they used to have um a small little shed there okay right but my question is is it staying only because okay so we need to have that shown on the plan and my question was because you're showing proposed grading through it so I didn't know if it was being reconstructed as well yeah I'll show that and for the record these are the great nice to meet

you guys and then lastly with regards to the ramp to the North is the I'm assuming that's the existing rip wrap yes it is and that's staying that's staying because it looks likeing because we're regrading through it but it'll be modified I'm assuming yeah we can talk about that on the on the limits of the grading I put it through because it's it's kind of like a sheer wall so we're really going to just

grade to it we're not going to disturb it I just tied it in to the other property so I can adjust so again if we get topography over the property line so that we can like for instance the proposed 136 Contour y if we look to the Northerly property boundary we're at an elevation of 133.5 so we have to make sure that we can tie into the abing properties yeah and the concern would be whatever

filling the commission looks at through this area to make sure that no additional runoff is being directed to either of butter and that runoff is still heading directly to the pond yeah this is I'm looking at this is standing in the back of the property y and I'll do the to but you can see here this is the wall coming in yep so these are the steps that you see the middle so the B

property is back here yep so it's up higher than where we are this is that slab you just spoke about so that'll be removed but it's definitely our property is lower in both sides I'll show that and we want to make sure it stays lower so that's all I had so if we get some plans then I think the commission will have the information they need to act with the next hearing and again there's other per

meeting with the Board of Health and through site plan review but as far as conservation jurisdiction um I think this covers you Dan did you say there's a potential for this to go to zba yeah so there is there are proposed reconstructions with regards to the dwelling um the deck for instance um May the building department may or may not determine because there's no deck there now there's a couple of cinder block

columns with like a one Center timber that's rotted no outside Timber so the building department may look at the deck as being needing a new permit not grandfather because there is no structure there so that may need some type of zoning relief which again not the not the commission's jurisdiction and I think we discussed this last meeting but the U existing dwelling is going to be a one bedroom it's going to

stay correct the Foundation is going to stay the same and all that's correct yep and that's before the Board of Health so again other approvals before before the commission and I think last question is on on the North side where you have the septic tank in front of the house is a slope going down to the but did you is that um is that going to stay like that

or I believe there is a slope going so there's really there's really no or very little proposed grading over the septic system just along the Souther Le of butter um um and does not extend anywhere near the property line so there's not much grade proposed grade change in the front yard at all and that front change you talk about there is really cutting down on the slope so I get my maximum three feet of cover over

the field because I'm going against the grain putting the system in to keep it away from the resource area so by coming off the house keeping everything at a minimum and then that little corner up on the Southwest end is over 3et of cover Title Five says one to 3et of cover so I just I'm actually shaving it down a little bit just to maintain that 3et so Bob when you do make the

revisions Y and I'm just noticing this now look at your proposed 147 Contours off of the house they're connecting to Contour 145 around the tank so this make sure we've got the grading done correctly in the front yard yeah although most of it will be out of the buffer zone but we're going to ask for that for the Board of Health anyway okay you see see what I'm talking about yeah okay yep yeah it should be

145 and now one other thing where you mention the topography I think number five proposed grading seems excessive so I know the Topo will show that we're not going to a buing piece of the property I kind of put it in a 5 to one slope I could cut it back again this is just this is just my opinion that we're putting a lot of fill in this backyard and I understand why

because we're getting rid of the retaining wall getting rid of the steps however the commission needs to understand that you know this is a lot of fill going adjacent to the water but when we look at flood elevations and all those things when we get that information then the commission can make the determination of is it excessive you know in their minds but let's check off all the boxes first that we're not

adding water to AB buding properties you know and we'll allow you to give the our explanation of why we need that that amount of fill okay okay great thank you audience audience anyone out there anybody here to speak in favor or an opposition to this NOP okay so can I have a motion to uh table so moved second all in favor I I I I all right thanks B thank you thank

you uh next is a notice of a tent sc-24 838 owner BBC realy holding LLC applicant is Bristol tape Corp 500 500 Innovation Way syst map is W-9 d187 followed by Zenith Consulting engineer LLC on behalf of applicant the applicant is proposing construction of industrial building Associated tree clearing parking utility grading and drainage and Landscaping

before we get started do you have your legal added and green cards I do oh I have a copy of them photoc

copy green cards and the okay

so commission um I did review the plans did do a site walk let's let's start with again other approving authorities beyond the Conservation Commission being site plan review as well as the Redevelopment Authority um the Redevelopment Authority has specific rules and regulations with regards to development in this part of the industrial park along Innovation Way so there are other permitting hurdles

Beyond on this I've kept my scope to what's in your jurisdiction with regards to Wetland protection act um first I want to say that the submission was very well done very complete um checks just about every box that that we could ask for information um historically just so that you're aware the wetlands line that shown on this plan was approved in 2023 through an oad um issued by um by the

commission for orientation purposes this is directly across the street from the Ice Cube building that just got built the raw Seafoods building right on Innovation y um directly across the street there have two Wetland areas I won't take the whole the whole presentation I'll let you get to that um but what I did do again I gave an initial review of of the plans that were submitted I did send that to uh to

Zenith today so we will be most most likely um asking that this matter be tabled to allow them time to um address some of our comments mostly drain drainage related which I don't think you want to get bogged down with um I think the applicant understands that they have a few things to address with regards to drainage calculations primarily um but I think we should get a presentation and

then we can move from there sure thanks um my name is Tom Morris with Zenus Consulting Engineers um so as Dan just said our site is right here that freezer building is this cleared area um so it is directly across the street we look at the existing site we have a wetland up at the the street um which we've witnessed to hold some water um for long periods of time

if it were to over top which we didn't see any signs of um it would come across a path that exists right here and it would come down to the back Wetland um the back Wetland takes up quite a bit of the area down here and you can see everything slopes down this way um this Wetland up here is 13 ft above the Wetland up here um all the soils that we found groundwater was around 3

ft fairly tight soil um so the groundwater is just kind of riding right up the hill what we are proposing is a building for uh manufacturing and uh warehousing basically of uh materials for Bristol courp Bristol tape courp um the building here in the center has two loading ramps that are going to be covered um that pitch down to a loading dock one here in the back one here in

the front um we have parking coming in and access road around the back of the building and we have you'll see on the grading plan on the next sheet we have a basin that is split into two set um with a couple retaining walls to hold the

grade so the bason that we are proposing is a constructed storm water Wetland um a pocket Wetland specifically and what that means is there's going to be a permanent pool of water within the Basin um and this helps to provide a high level of treatment to the runoff um better than just a typical dry detention Basin um there's Wetland species that are planted in the Basin to help filter out nutrients and TSS

um an additional step we had to take with this plan because of the Redevelopment Authority was meeting a heightened TSS removal um and how we did that was add in the drain manholes right before it comes into the uh the Basin our first defense units water quality units um and that will separate their their spec their certified to to give us 50% TSS removal um prior to the Bas in which gives us

80% um in all likelihood the TSS removal in those First Defense units will be higher than that but 50% all we're allowed for the credit um so to show you kind of what's within the jurisdiction I should have highlighted it here I'm sorry the 100 foot buffer runs right through here and then from the small Wetland up front it runs right through here so a good portion of the building in

kind of the back corner and front in the access drive right here of the parking lot are within the 100 foot buffer we have maintained uh the 25 foot no touch to both W to both wetlands and actually well I'm on the grading plan um one of Dan's comments uh was about the fact that we have a a we have a pipe that come a drainage pipe that comes into this upper Wetland

um and he just wanted to make sure that we're not impeding any flow and I just want to say that what we're doing here for grading is only we're cutting the grade on the high side up here so if anything were to spill over in the existing condition it will still spill over um and it'll actually end up coming through our Basin rather than than going directly into the next Wetland so it would receive some further

treatment let just utilities Landscaping erosion controls so the down slope limit of all of the work we are proposing a silt sock um up here we're not proposing anything because as I said we're just cutting so there's no chance of um any runoff getting to the Wetland from our work uh we're providing an anti tracking pad at the entrance where all the vehicles will come in and out uh we're going to be providing silt

socks and all the catch bacin um and then the two catch basins which are down gradient of us on uh Innovation Way we're going to put silt socks in there too just in case there is some carryover silt uh through the tracking pad that's about it for that it's fairly simple um then we have some details but probably don't want to go over anything with that right now any questions it looks pretty good

what are the uh dimensions of the tracking pad how long is that uh it's 50 foot

okay and I think that's shown on the detail on the next page should be yeah 50 foot minimum okay

so do we have a motion ation any questions or Dan would you like to discuss the comments no I mean you and I find these things exciting but I don't think anybody else does yeah um so I I don't think it's anything that that can't be addressed ultimately and nothing pertinent to the limit of work no limit of work no no not at all no all right so U motion the table no

you got to ask audience again oh sorry about that anyone in the audience okay I just have one one quick question the suspended solids that's something that requires regular ongoing maintenance right or correct yeah and we do have an onm plan written up in the drainage report um and that'll be part of um what's required moving forward once it's completed the construction other than that looks like the apology

that you were given here you job you a little tough yeah not an easy site you don't often have a wetland upgradient from your site to deal with so no like I said initially the application was was was very complete you know and did include a very extensive operation and maintenance plan which is something we don't usually get till the end and we're dragging out of people so um very well

done and I think once we get pass these comments these are these are also going to be same comments that go out through site plan review as well for drainage review okay I'll make a notion to a motion to approve noi we're going to table table table in it until we get this information okay so motion second second uh all in favor I I I I I did get comments in today from DP uh

DCU who reviews everything as well y so now tomorrow I'll send out one complete set of comments perect then they have some comments about water sewer that kind of stuff so okay out it tomorrow and hopefully you can guys get it back in and get wrapped up for the next meeting wonderful thank you all right thank you all right um next is request determination accessibility of- 189 city of Fall River Paul

furland uh owners uh Browning Ferris industry uh Keith Lincoln Spartan bsms holding LLC lit Fall River LLC Millstone medical Outsourcing real estate 2 LLC Crown commercial property is LLC property location is NS and a Commerce Drive 633 Commerce Drive 1080 Airport Road assessor map is z- z-5 z -005 z- 03- 0033 and z- 05- 0601 and w-1 19183 and z- 05-06 and the last one is z- 05602 filed by LLC environmental

consultant L on behalf of the applicant the applicant is proposing to place uh existing 12in diameter SE sewer M and 18in diameter sewer like you guys have at it all right we do have a copy of the legal so that's that's been satisfying uh for the record CLA hogaboom Wetland scientist with LEC environmental Consultants uh joining me is Dan Scott with Woodard and kerran the engineer on the project um we're

here requesting a negative determination for the sewer uh Interceptor replacement project uh it's located between um the Fall River landfill and Route 24 uh Dan's just putting up the sort of overall site plan there now um but essentially the project involves replacement of a critical sewer Interceptor um as noted in the introduction there uh it is existing 12in diameter asbestos

concrete sewer line um it'll be replaced with an 18inch diameter PVC um and that's in order to replace the you know degraded deteriorated pipe that uh Dan Scott will go into more detail on but the project itself will result in temporary disturbance to bordering vegetated Wetlands uh Bank to intermittent streams and partially uh some Bank to Mother's Brook which is a perennial stream land underwater as it

uh extends within mothers Brook uh as well uh it'll result in temporary impacts to the 25-ft riverfront area and buffer zone um we are requesting a negative determination as the project is considered exempt uh under 310 CMR 10.02 uh it's replacement of an existing uh sewer infrastructure and uh which is used in the service of the public and the project has been designed to utilize best management practices during and

after construction um in order to protect the interests of the wetlands protection act uh so with that I will just pass things off to Dan to talk a bit more about the project itself great uh my name is Dan Scott from wood and Curran uh we're working with the city uh on this project for a little while uh for the replacement of this critical sewer line uh this section uh runs through mother's br

down underneath 24 and go departments before going down the the railroad alignment over here so most of our work that we're presenting and asking for uh an RDA on is located behind Amazon right here um this line carries about a half million to a million gallons per day uh it's very susceptible to corrosion there's leate that comes from the landfill and enters this pipe as bestus cement it's not like your typical

reinforced concrete the asbest is mixed with the cement and it um is very susceptible to Corrin that's the only reinforcement for these pipes they've replaced everything Upstream of our project area with PVC when they did some modifications on the landfill but these pipes remain there's been two failures over last year um so me and Paul talked and we decided it was in the best interest of the public to get this fixed

as soon as we could because between permitting and design we were probably still going to be at least a year away from actually constructing this along with getting funding so that's why we're here tonight is to to talk with you about getting this project done in speediest manner of doing it the right way I have a quick question so you said that Lee from the landfill is infiltrating the pipe it's a it's an

approved discharge okay but it's it's acidic in nature or corrosive in nature the acidity is pretty neutral but it still corros pipes a lot okay so our project is from right to the edge of rot 24 and then right to here this from here back is all um PVC where after where the L J enters um access for the construction will be from the main entrance of the landfill um they'll

likely Traverse up through here and then enter the site through an opening right here uh our project is uh set up in a way to allow for uh variance in the scope of work because we don't know how the pricing is going to come in so you'll see on the plans there's a base bid and an alternate base bit uh so the first the bid is going to be from the

opening here in the landfill down all the way to 24 and then the alternate B uh bid would be from right here back towards that entrance the reason why we do this is it allows the city to either just move forward with the base bid work or they can do the bid alternate and be able to do more work if the pricing Falls within their budget now are you going to use PVC or

is it going to be yeah it'll be replaced with 18in PVC um the reason why we're upgrading the pipe size is we did the analysis and we're expecting half million up to a million gallons potential new flows from the development that could happen over on Innovation Way so we we did modeling and that was the result was we did flow metering to inform the modeling and that was the conclusion Dan can you can you explain

to the commission um how you set up bypass and how that works during construction sure so our plan right now this is means and methods by the contractor but the likely thing that they would do is they would pull flows from the Upstream limits of work and then they discharge it past the downstream limits um these pipes are in very poor condition and sending a bunch of flow in would not be

advisable into these pipes that are very So the plan is to run it underneath the highway through the C and discharge first manhole that's right after you get past the the basement on the other side of highway they could do other things too once they get to the alternate PA alternate bid they could discharge to the new line here if they wanted to once they finish that construction but the

idea is to make sure that they're discharging into a pipe that's in decently sound condition this pipe all down here is RCP which has a larger reinforcement Steel in it so that we've tved that and that's in good condition now how long would this project take when they did their emergency repair it was only a few hundred feet of was about 300 feet of pipe and it took them two weeks to

complete or I can't remember what the contract was either two weeks between two weeks and a month and there was clearing uh that was done so that that took a significant amount of time and then dealing with the groundwater is going to be a big big problem you lock the site and the groundwater tables pretty much surf right next to the have any questions um just for my own clarification um with the base bid that

hypothetically if only the base bid gets approved they will still be that asbestos pipe going from the C 102 area so like basically it's like 1900 Square uh 1900 linear feet of Piper replacing for the full scope and it would be about like 700 for this critical section that we need to get fixed and then would be another 1100 that section but given the track record of how many collapses been here recently feel

I forgot to mention is there's another Lee that enters here so there's one about here and then there's one here so there's two effluent leades do you have a question yeah I have a question so this RDA um to you Mr chair uh I did see negative determination on this so what that would mean is throughout this whole project we not fall on the our on this commission for anything to come back and update us

or anything like that is that correct well so we you're just making the determination that a notice of intent is not required because of the exemption through the exemption it could almost be narrated that an RDA isn't even needed to be filed but what this has this has given us the ability to be to acknowledge it understand what's happening and watch you know and watch it as it goes the the exemption here on

the 310 CRM 10.2 it says M maintain repair replace but not sub potentially change or enlarge in this case we're going from 12 in to 18 in so you know isn't that enlargement is so we so we had this discussion we discussed this exemption at length um and I think what we determined was that when we talk about the enlargement the amount of area to be disturbed which is really your concern

with regards to Wetland impact would be the same whether it's a 12in pipe or an 18in pipe so the fact that they're enlarging the pipe really has nothing to do with the amount of resource area alteration or impacts that the commission should be concerned with while they're going in and replacing the pipe they're taking it to the next step and and putting in the 18 inch a chain is only as strong as its weakest link so

if they only do the one section now that will allow them when they do the next section to add the 18 when you did the remainder of the Upland uh sorry the Upstream work SI going be a separate phase oh the the one that's the one that's already been made PVC they put in a 24 in wanted to be conservative so we're already so now we're get you would probably almost wanted to be 24 to go

the whole way right because we've got a 24 Upstream so in 18 we'll get them a little bit more capacity but with regards to the exemption we had determined that or at least our interpretation was that because of the scope of work and the size of the alteration that that would not qualify as large so you're saying no matter if it's a 12 in or an 18 in the

scope of work or the area of work is going to be the same correct I'm just a little concerned because it looks like from what I read the report it's going to be about 69,000 sare fet impacted um is that is that correct temporary impacts yes temporary impacted and um you know that's something that we're not going to oversee I know there's going to be some restoration going taking place I'm just a little bit

concerned of you know once it leaves us here what happens that impact 6 69,000 squ foot of um evw that's going to be you know impacted so so it's again the sewer is there so the sewer was already installed um through this area um with with regards to what ultimately comes back it will restore itself and there may maybe other permitting authorities yet that they need to go through um did

you ever we ever get that clarified with ar uh We've not gotten an answer from them I reached out to them about a week and a half ago so follow there's still one other um but again the exemption is there for a reason um and it is for utilities um if this was if there was no existing sewer line there of course they would go through the full notice of intent full

restoration um but these are areas that are intended to be maintained when needed and whatever resource areas get under the initial permitting get altered as part of it is what happens no and I understand what you're saying about the scope of the work if it's a 12 or 18 but I mean like I said on 310 310 CRM 10 uh two it does say not substantially change or en large so

that's where I was going by it's a significant amount of work that's going to take place that's that was just my concern yep absolutely again I say it again I don't vote so anyone in the audience for this okay one question you had mentioned uh groundwater and uh that you might have to contend or deal with it is there a plan for such do do is there an anticipation they have to pump and

discharge the groundwater itself you're going to have to dewater the site dewatering yeah yes extensive dewatering and where where's when you do the dewatering where's that going to be pumped to where you going to put when you dewater where's where's the where's that flow going to go back into the stream into mother's Brook is there any concern with soil conditions the contaminants in

the soil because you are adjacent to the landfill um well the groundwater is the groundwater right so if it's contaminated when they're pumping it out it's going to get to the it's still there yeah you know you're not introducing a new water source contamination we've done soil warnings there was no obvious um evidence of any contamination okay perfect that was observed we've done

research to make sure there's no sites of Interest okay in the vicinity um there was not okay now we have failed Su pipe yeah that's that's that's got to be fixed the plans do includes some details for uh dewatering and the filter bag that the water will be discharging to surrounded by straw Waddles and um I think we included a note as well just to keep it at a fair distance from any

streams whether it's Mother's brook or any of the intermittent stream so we don't have discharge immediately going to the stream it has a chance to sort of dissipate before it gets to the streams perfect thank you okay question so can I have a motion for a negative determination a second second it second okay uh how about we do roll call vote on this one Chris I I I I no I okay

thanks guys right thank you all thanks next one is a notice of intent se-4 we don't have a file no still no file number okay applicant is owner New England power company existing overhead transmission line R assessor map multiple locations assisting row easement filed by power engineer Consulting on PC on behalf of the applicant the applicant is proposing construction of approximately 4.2 miles

of new 115 KV overhead electric transmission line with within existing RightWay are um between Fall River Municipal B uh border and Dartmouth near Collins Corner Road an existing Bell Rock substation in Fall River I'm Eileen pisera representing National Grid um so as you just said they're proposing to construct operate and maintain approximately 4.2 miles of new 115 KV transmission line along their

existing RightWay in Fall River this is part of a larger project um that includes additional transmission line mileage through Acushnet New Bedford and Dartmouth and that portion of the project will be constructed and operated by eversource this project um will address needs identified by ISO New England for additional transmission capacity in Southeastern mass and the project has

gone through the me meepa process and received a certificate from the secretary in August 2023 uh through the planning and design process Wetland impacts have been minimized to the extent practicable but some impacts are not were not able to be avoided uh the project was also Al designed to meet the general performance standards of the wetlands protection act um but is eligible as a limited

project the temporary Wetland impacts will occur from installation of construction matting for work pads wire stringing and pull sights and access to structures permanent Wetland impacts will result from installation of new transmission line structures within Wetland resources um and there will be tree removal required along the RightWay to accommodate the new line uh National grd intends to mitigate for all of the

temporary and permanent impacts there are approximately 54 square fet of proposed permanent impact required for the installation of new structures and to offset that National Grid is proposing to utilize the over design at b rock substation from that rebuild project um for that project National Grid had designed a wetland replication area of approximately 5,520 ft F feet to offset

4,244 Square ft of permanent impact with an overdesign of 1,276 square ft uh the the Wetland replication area is located in the same watered as the proposed permanent impacts and provide similar aquatic resource functions within that Watershed and National Grid discussed this strategy with both the commission and mass DP in January of 2023 and both agencies were receptive to that approach uh there has been ongoing

monitoring of that b rock mitigation site and um it's the restoration has been successful uh with the establishment of typical Wetland plants hydrology and soil conditions and there's evidence of animals using the area um all of the temporary impacts to Wetlands will be restored construction matting and erosion and sediment controls will be removed at the end of the project and wetlands will be

restored to pre PR constructing to preconstruction Contours to the extent practicable um National Grids also proposing enhancement plantings of low growth shrubs along the northern edge of the copicut reservoir where tree removal is proposed these plannings will supplement the expected regrowth of the existing shrubs but will provide an immediate vegetation buffer to the reservoir and um National Grid selected

species that would meet the mitigation expectations and also minimize uh rideway maintenance conflicts in the future there are natural heritage areas along the rideway in Fall River and National Grid is actively engaging with natural heritage to develop mitigation measures for those species occurring within the right of way um these best management practices will include um at a minimum training for personnel signage

preconstruction sweeps uh that will be implemented during the construction National Grid also has an extensive best management practice manual and requires all of its contractors to adhere to those standards that includes utilizing erosion and sediment controls to protect wetlands and Water Resources um dewatering protocols Etc they're also expecting to implement a wetland invasive species control plan

to minimize the spread of invasives and wetlands uh where they already occur and to prevent further spread and finally National Grid will utilize an environmental monitor through the entire construction process to ensure compliance uh with all permit conditions and to documate document restoration efforts and I'm happy to take any questions so uh Mr chair and commission members you'll see in my notes this is a

big project um we only got it two weeks ago it's going to take some time to to chew on this um we still don't have a file number um we would want to see what comments natural heritage has with regards to to the moving the project forward I do know that there are a number of the butters who have concerns about that um which we can't take um testimony out this evening if anybody is

here with regards to that so it'll Ely be my recommendation that that we table the matter for at least a month um so that we can get out there take a look at these things look at the resource areas look at the proposals um doesn't seem anything anything out of the ordinary for this type of work but this type of work does have a great impact what is the what is it what's the square footage

of tree clearing that that will take place through this 4.2 mile Corridor I 50 feet in width the whole way 100 feet in width yeah about 50 feet in width for the whole 4.2 okay okay so understand it's it's a lot to look at yeah yeah and I know there's been a meepa study but there are you know obviously there are um and you're working with National Heritage and they've been through the

site yep so when you en if you happen to encounter a veral pool for instance that's in right in your right of way that you how's that going to be handled with um we did survey for vernal pools uh and they're marked on the maps where they occur when what what time of year was the survey done in the spring okay um during the breeding season okay um they so they would use erosion controls to uh

prevent any sedimentation from going into the Runa pool MH we would treat it mostly like like a wetland okay and protect it like 11 just because it's also impacted by loss of overstory to veral pool so you're going to you're going to be remove you're protecting it from sedimentation but you're removing the canop shading character shading character and the canopy um in essence it's it's a nice effort but it's it's

not going to be effective in my opinion but um not sure that there is a Vernal pool that's directly okay I'm just I mean I'm just pointing out you have to clear it I get it y but um minimizing impacts you can't minimize some impacts to some gr pools if you're going to removing the canopy and that how far along are you with NSP we close or um I'd say middle of the project

there we've um established which species need a CMP which species will just have best management practices assigned to them so we're working through that process right now okay any idea when you think it'll be complet hoping by the Fall okay so you may I'll get your answers quickly no I know they're never they were never quick answers no I know sometimes it's good to get those first before we come

here I don't have anything else to add for the time being all right um I don't if there's anybody in the audience here anybody we do can you just state your name and address then yeah Sarah Riley um 1679 koput Road I'm with the copicut neighborhood association um and I represent a very small group but you represent a very large one um the Copart Reservoir um sources water to over a 100,000 people

in Fall riverine surrounding towns um I'm going to try to be as concise as possible so I have forward specifics as far as the efsb evidentiary testimony to Chris boil and Dan AAR um it is up to 19% annually of our drinking water supply the copot reservoir and and those are recent statistics from the water department the the location of National Grids construction at the Confluence of the

koput river it has the potential to disrupt um regionally the Integrity of of the water quality um National Grid has no intention of Baseline water quality testing nor does it intend to guarantee continued safe water quality through construction or Beyond um they have no plans for wetland replications in that area because they have over replicated at b rock substation um they are planning on tree

clearing along 500 ft of watershed and vulnerable Wetlands along the reservoir and while they have extensive native revegetation plans it is um insufficient because they haven't consed considered whether or not we can police the areas to prevent the new plantings from being able to be um maintained and not trampled by seasonal fishing and um opening up Public Access this plan is tantamount to

opening up a beach on the cop Reservoir we're going to have more illegal Trail clearing than we've already seen um Fireworks adjacent to the reservoir illegal fires off-roading quads trucks dir bikes all that type of activity um and the tree clearing that that we were talking on the line it's not 50 ft it's 70 ft south of the line um and at the area of the um Wetland Confluence at the

Copa um River it's 60 feet north of the Culvert and 60 feet south of the Culvert which um I've already given you guys some information about the Culver and instability of the Culver I won't get into that at this point in time but it merits serious discussion whether or not the culbert can even maintain the um amount of construction that they're talking about with 60 tons of trucks um

f a bun parked right over the CT um that's in question and we haven't even um determined whether or not it's um Rd 40 20 rated we don't know the rating currently um in my spare time I clean up garbage we already have a major pollution issue in the co copicut Reservoir we have open access because of fishing um when we open Open Access with fishing we actually didn't um have a plan for

mitigating the the public access so um I did bring with me today I I only B the bers but this is this is what I've collected out of our drinking water supply over the last year okay that's just the Bobbers that's not the tires or the litter and the waist and um I I just can't I can't even car dashboards and all manners of things that I've pulled out of the water

um opening access again is going to create more of a pollution issue um and if we don't have a management plan in terms of environmental policing we're going to see a whole lot more damage in in terms of uh water quality for drinking water um we used to have five environmental police officers we now only have two and we have insufficient police vehicles in order to access and maintain um and prevent illegal access

on on the lines especially if we're essentially opening up the beach to the reservoir again they do have um a revegetation plan in place but who is there to prevent that area from being damaged just with foot traffic alone people go out there all the time um and and cut out trees you used to not be able to crawl through those areas on the north side of the reservoir and now

there's Open Access um paths that are six feet wide and beyond that go all way along the whole northern part of the reservoir we have insufficient policing to manage that area if we're opening up further access um the um energy facility setting board has not yet ruled on this project I believe that it's premature for our Conservation Commission to preemptively sign off on it so um I would encourage

you guys to table it for the time being and and wait to see what efsb rules in terms of what their determination is and um what mitigation factors that they are putting in place um for National Grid and then we should determine ours based on that I think I hope that you guys will consider me a resource um and an ally going forward we all have the same intentions of maintaining water quality

um and the Integrity of our um infrastructure and communities thank you well thank you for the input does anybody in board have any questions for think we have something else I just wanted to clarify a couple of things my name is Erin fromal um the environmental scientist on this project um uh there was a couple of um misrepresentations that I just wanted to clarify so for tree clearing it's about

37.5 Acres of tree clearing and that's 62t along that 4.2 Mile Stretch it's along the southern portion of the RightWay um there was a question about um where we stand with natural heritage we have filed the draft um conservation management plan with uh natural heres under review currently as far as the timing goes I'm not exactly sure I think fall might be like a realistic timing as to one met people

does come through um there was question about the enhancement plans that we have put forth around um the coper cut uh we do intend to have a twoyear monitoring um program for that to ensure the um Vitality of those plants um and any sort of unauthorized um access uh we've been working with the city um frequently to meet um in place to place uh Gates and guard rails in select locations we we've

been working specifically with um Mike laier and the fire chief um the names are escaping me I apologize we have a new one now okay bacon is a new one um and so uh we've been communicating with them on um their ideas and kind of taking uh their recommendations um and uh coming up with a game plan for um trying to restrict access into that are understand that it is a prime public water

supply um and then as far as uh the CT uh Integrity over um Road uh there is we intend to be placing steel plates which is kind of a standard for any sort of that thank you okay any questions any of the trails you had mentioned are they legal or illegal okay the only legal Trails I believe are in the lot to that's about 34 of a mile further south from that along Northend

edge of the prir and certainly not a uh there is a the fire reserve loop trail that passes near that area but not along the the water's edge okay okay so can I have a motion to table so moved second I can call vote I hi I I all right thank you thank you both thank

you next we have uh cease and assist uh two 289 Blossom Road

so Mr chairman we had received a few complaints over the last uh few months regarding work taking place at 2089 Blossom Road I know there were some issues and concerns that the building department had been working on and then we had been called out a numerous times to look at potential violation so I did go visit the site there was activity taking place within most likely the buffer zone to a resource area you had

issued an order of conditions for this property a number of years ago with a replacement of a septic system and allowing some Wetland areas to restore um I don't believe that was ever closed out so I did send out a letter um to the land owners advising them to U hire a consultant and put together some type of a proposal for proposed activities and proposed restoration area is if there if

there are any um it would they would need to have the wetlands lines delineated look at the old filings what was required to remain as no activity zones because there were some um and put together um a submission to come back to you okay so I I am thankful that they have come to the office immediately um and again they're here tonight which we will get to yeah we have state your name

and yeah my name is Nomi Abad Carlos Abad yeah we it was hard time to find an engineer to work in that project but we get in touch with one today okay and he say that he going to take charge of the project okay and I don't know how long going to take he say maybe 5 to 10 weeks okay to he can came with a plan we don't know yeah but we

thank you for coming in so that the commission knows that you you've acknowledged it um have the consultant call me yeah that's fine I didn't know the already have a issue before now that you mentioned now because I didn't know I was not aware of that yeah before so there's all kinds of plans documents shows where the wetlands line were historically what areas were supposed to remain areas that were supposed to be

revegetated along the water department land to the to the south of you there's all kinds of past history here which and again these are new owners to the property okay so they've they've bought into or have inherited this past history and mess that kind of gets loed on top of the activities that were taking place there now so all right that would be it y that's good so just keep us in the loop

um have the engineer again reach out let us know you know when he thinks he's going to be ready when he wants to come in and get copies of the existing information okay we can provide that all all to them and I can get some copy for myself yeah we can get copies of everything that we have okay thankk you you're going in the right direction the house looks great thank you for coming

in I have all the neighbors this same yeah it does look fantastic see uh next is a discussion of 221 Fieldstone Lane enforcement anybody here that one good evening and thank you for accomodating us my name Brian Butler from o Associates keny ma from field engineering C this year and Mr PA the order of the property is also here I've had a little dialogue with Dan um on this matter it's been protracted it was

an oppor order issued um quite a while ago now Mr Queen bear contacted it's a long story but we've we're in in aers if you will um part of that my responsibility just being Paul engaged me quite a while ago we I've been just crazy insane busy with project obligations um Kenny and I have conferred on this gone to the site and essentially and I'll try to be brief at respecting the commission's time this is

the highlands Farms subdivision that you're probably all very familiar at least one certificate 221 which was formerly the lot nine and this is an overlay of the plan on the aerial just for context because I think it's a little more forthcoming I feel a little bit theend all even having a plan nowadays digital but um so house has approved under an order conditions 2 4074 I think 764 um in July 2021 uh the house was

built um more essentially per the plan um I think it's slightly small the actual living space is slightly smaller Mr queenb uh undertook in the course of the construction to build this patio which was not approved on the original plan the patio is entirely within the approved limit of work but it's a physical structure you know 3D structure it's it's about yay high uh about with this little jacuzzi pad it's about

1665 square feet um in in area it has perious beds on the outer limits of it planting beds he ceased work it's not a finished product at this time because he did at least he respected Mr er's requested you know put the brakes on so that the other lawn improvements and whatnot haven't been executed in the intervening months what we want to do is get this into compliance you certainly

have Mr in our's attention with the enforcement order we know that we've been slow to respond but we want to resolve this and uh there is nothing uh extremely egregious with regards to Performance standards of the Wetland protection act it's not it wasn't approved you the commission did not have the benefit of approving and reviewing this but from my experience there nothing that's in not in

congruence with the conventional performance stands of the act and protecting the statutory interest uh Steve Brook is here it's perennial stream 25 ft BBW that was approved is in green here um this seems to be an I know this the approved line but as far as I've been at this for 33 years and I couldn't find hydrix soils in here there's a three- foot grade um this was ignored or you know wasn't uh adhered to

in the site work but I didn't you know I Argan in there and was expecting to find some hydric soils and it doesn't seem like it was initially hydric uh what we want to do we we proposed Mr AAR to file a um an extension of the order conditions and then amend it uh to conform he doesn't think that's just because D has this 883 policy that says we don't want two orders of conditions

or multiple orders um to us it's academic whether we do a entirely new order or a you know in supplement to this or or an amended order I think the amend is slightly simpler but we're not going to die on that Hill um so we we'd like to bring this into compliance um we'd like to vary from the original approval but again nothing that's out um out of keeping with other filings in the

subdivision or just the Wetland protack requirements in general I reevaluated this area um and gpsed it this is just a infal survey not a survey but it's a GPS line um and this is what I found the current Wetland boundary to be um we can ref flag the entirety of the site if we're going to do a new notice intent let uh review it at your um your will

and um then go forth from that on that basis What U Mr Greenberg would like to do is is to retain this under an approved context as opposed to a unapproved a context and um put a permanent fence that would opaque or closed fence that would separate the buffer zone of the backland from the uh from the you Recreation the usable yard to associated with the home um cany anything that I'm missing in

terms of history and this is just a that's that plan on there this might be a little more clarity Fieldstone Drive number 221 I just highlighted this is the offending portion of the uh of the project the non non approved project in for context that the BBW approved in the BBW we didn't re-examine this although we certainly will to do that um at that time my when I visited the property with

Mr Queen my knee was a little messed up and somewhat better now but so I didn't ref flag the this just parenthetically you can see all these rocks and I I don't know much about the Highland or what the farm was here I did work contemporaneous when this was um still open space across the street on some veral pool work probably 10 or 12 or more years ago uh in the area but I

never really examined this but this looks like to me like whoever the farmer was this is where they pushed the rocks and the whatever they didn't want to have in the in the agricultural works because you can see these aberant rocks are not you know these are not naturally occurring you don't see them here you know um and so it just it has in the vegetation just has a signature of a

place that's been Disturbed you know Farm dump kind of habitat um we can uh we do want to fence this off there's are existing vinal fence here there's a temporary kind of cow type fence here just so that Mr penber can let his dog out not have disappear after the Route 24 um but we would like to memorialize that in a subsequent plan and um get an approval and close this out and get it

off of Dan's desk and out of Mr greener's and the family's concerns if and that's our intent we appreciate we know that you meet monthly and I I asked Dan to just put us in for an informational basis we know this is not a decision process today but we just wanted to uh get out there for so that we could be prepared to AR ideally if we can do that any um or PA anything that

I'm short Jing on this I I know the process wasn't done correctly and I apologize um I lived in Freetown for the past 30 years and I honestly didn't know that for flat work I needed to get an noi or any permission that's that's honestly what happened and there was um miscommunication and and at the time with covid I I it took so long to to get a scientist to get an engineer and the

phone calls kept going back and forth and it looked like I was running from the problem but I wasn't I haven't finished anything I I did nothing more to the backyard until we're here today trying to get everything resolved thank you any questions no one else in the audience with this we're just happy the process is moving forward get it off get it off everybody's play right we're not going

we're not going to run you know there's no Escape we need to face this and deal with yeah so I mean when when the when the initial letter went out the informal letter the commission understands what's a permittable activity and what's not so this wasn't an enforcement order where somebody called and complained we went out for certificate of compliance and it was determined at that point that work

had taken place so so the request was file for what you've got um and then we hadn't received any correspondence so then we take it to the next level of a formal enforcement order no response so next step would be a new enforcement order that says take it all out no response until we do this right back from you so we are thankful that we are getting the ball rolling again on

whatever the commission asked you to submit whether a new notice of intent or an amended um just make sure we've covered everything that's out there going to take place out there um if we're going to make some assertion with regards to the old Wetlands line so um when the commission approved the wetlands line initially not every linear foot of BBW get get soils um so if you can make the representation that it's

not a wetland um or a good faith effort of okay if we allow this to happen we do have other locations on the site that we could maybe restore Wetland just so that even if we don't get into is it a wetland is it not a wetland just let's just resolve it if it's 50 square feet you know restore 50 square feet somewhere else that you can hide it on the same Wetland and let the commission

act on that we're certainly I think we're on the same plan I think we all on the yeah but thank you very much for coming appreciate that so um I would I don't know if we can ask the commission you know we can't vote but um should we file a new notice or should we extend I mean you can pull you can pull the commission with with how they want how

they want to proceed um if if the work is to to be expanded beyond the approved limit of work should probably be a new order conditions but again I'm not sure with like for instance if you wanted to propose fencing in that cleared area for the dogs or whatever else is that beyond the limit of work um it is what I would you know want a new filing for and help

me understand because if we said we let this on expire or or maybe we extend it just to keep it alive but the new order should be comprehensive in everything from when this was a farm lot I assume because otherwise if we let a it was completely vegetated be be before any construction took place right um but just so it wasn't an active Farm like the first phase of the subdivision it it

was it was completely wooded yeah a f at one time but not for probably 15 years so one one other caveat which we haven't discussed is that the existing order expires July next month July July 30 July 30th so um either way regardless of what filing gets done um the new filing um could incorporate everything that was permitted or you would want to amend which would theoretically being

well no I mean if you just amended would that give you an extension or would it still expire thec so we need an extension anyway if we're going to amend the policy expc says you can't that's you have to extend as an independent process as opposed to amend so DP 884 whatever it is says that um you can't the amendment doesn't move the clock yeah right so so you would want to ask

for an extension first yeah same meeting yeah extension and amend but we we would want to get that to you physically and on record uh July 30th is the cinder datee so uh we have 30 yeah so I I would hope you would file by the deadline to make for the July meeting which the next meeting is July 1 be like a week and a half before that so June 20

well I mean we can submit the filing to the commission I think as long as it's received by you it doesn't have to be acted upon just the the applicant has to get it delivered to you you can't wait till 28 days okay or else it's do right but we got to make sure you know about notifications legal ad you know that that all gets placed so yeah and um I

think it could July what is July 1 is the next Mee if we're not fully prepared I think the commission can still act on the extension yeah yeah yeah and then yeah it doesn't have to be as long as the request is made right greater than 30 days otherwise there's no recourse to y so we'll if just I want to make sure I understand we don't want to burn any more clock time yeah with erroneous

directions uh we will request an extended order conditions we'll revise a new plan for take for the amendment requested Amendment order do the legal ads about notification so forth and generate a plan that's comprehensive of historic and and proposed proposed activity sounds good sounds good thanks thanks for putting us in here I know no worries got a busy agenda and very productive thanks so much thank you thank

you uh then we have a general outstanding enforcement order updates I think we have so I I did receive an email from um attorney levenson who represents the uh the property owners that they did want to come in tonight to talk about Redwood Lane so we can

up good evening members of the conservation committee thank you for giving me the opportunity to address the committee today uh my name is Marcel Loro I'm here with my brother Alex lauro the property owner um here to discuss the recent concerns raised about the activities on the property located at 263 Redwood Lane first and foremost I fully understand the importance of it hearing

ing to the regulations and restrictions set forth to protect our valuable natural resources and I appreciate the work of the zoning Force enforcement official and the conservation Committee in this endeavor the purpose of my presentation today is to clarify the actions taken on the property and to demonstrate our commitment to complying with the Declaration of open space as well as the zoning variants granted on

September 18th 1997 uh we are actively working with professional Consultants to ensure that all activities are conducted in compliance with the applicable regulations and to develop a comprehensive plan for the immediate permitting and restoration of any affected areas our goal is to resolve any discrepancies and to work uh together with the committee to ensure the best outcome for both the property

and the in the surrounding environment I'm headed today to answer any questions you may have and to provide any additional information required and I look forward to working together to address these concerns and find a solution that respects both the intendent use of the property and the conservation goals of the community so thank you again for your time and consideration today and I have a a plan to hand out

so guys first thank you for coming in we appreciate it and um I do want to acknowledge to the board that um the owner and Marcel who actually just lives down the street they've been very responsive through this I do understand it's very difficult to find consultants in these days um so I know they have been working because I've had Consultants call and ask for information so it is nice to see that that this is

moving along as well um so what's important to understand is that the Conservation Commission has only small scope of the overall concerns that other agencies in the city has so this is to do with the Wetland protection act Wetland alterations you know performance standards with regards to the Wetland areas that that run through here so as far as the zoning decisions all those things commission

has no concern regarding those this is this is strictly having to do with um the activities that go on the site but primarily the impact of the Wetland area so I can see that you know that you have had some work starting in that direction um specifically the the Wetland disturbance and the stream and whatever filling activity you know took place through the construction of these paths so um

I think this is a good first step um and I'm assuming that Zenith is putting together a proposal that takes this to the The Next Step that that the commission can actually act on yep what was it initially cleared for because I mean I walked I walked the area and it's it's it's um I wouldn't characterize it as a gravel path it's very wide in some places and why what

was the purpose of the clearing in the first place um for access to the property we we've had issues on the property basically illegal hunting illegal camping illegal ATV access um so we wanted to be able to have better access to the property in order to to to oversee um its use we've had gunfire back there um so a lot of the work that we've did was exist pre-existing paths already that we

we traveled on and put some gravel down not for us to access it a little bit better so um I think that's the extent of of some of the uh the gravel that you're seeing there is just so we don't erod it even further by dve driving vehicles on the natural ground um I mean you've got I don't know what the appropriate terminology is for but you've got the generators and lights all

over the place out there yeah uh we were using that in order to basically create access to the back being that we worked during the day this wasn't a construction project so we did it after hours okay so it was just for after hour work mhm are they still out there we are not no we sted once we uh receive the seasoned assist I mean the lighting no everything's been pulled off nothing

yeah there is a just a back over there but that was mainly there for uh personal use yep no when do you think you have the plan ready course so right now I think we're at the point of you know we stopped we're not trying the goal was to access the back of the property and I don't think that's the goal anymore being that we did fortunately someone called at the right time once we hit

Wetlands we we weren't looking at that like it was you know Major Impact until you know it was called that's when we did the survey and fortunately we could have impacted more if it wasn't called on so this could have been even more of a mess so we're no longer trying to you know get to the back of the property being that we do have a significant portion of land here we're basically trying to stop

you know remediate work with you guys to kind of like you know fix the problem I think what the chairman was asking for as far as the consultant working yeah where are you in the process when you think they'll be submitting so the thing is the submitt we that's why we're here we're looking for what you guys are looking to get from us they provided this as of right now um to what we

thought we'd have to propose to you guys showing the impact of what we've done you know so now we're we're wondering how we're moving forward for so what so what what was requested is that they file a notice of intent which is the permit that gets submitted here for them to review that shows what the alterations were yeah how it's being removed how you're restoring the area Okay um it should show topography so we

we show gravel path here yeah but I think there was some filling in the side slopes into the Wetland areas that it's not just edge of gravel and then vertical right so there's some filling that that took place so there should be a plan that deals with you know what happens from the jurisdictional area which is 100 feet well it's labeled stream now whether that's intermittent or perennial I don't know but your

Wetlands consultant should be able to tell us that so it's either you know whatever the distance is off of that for resource areas we're not so concerned with what's happening outside of the Juris of the Conservation Commission but if there were Wetland alterations that took place then that area needs to be restored and that's what they'll be able to provide which is the Wetland specialist so you can have are you

dealing with who are you dealing with the Wetland specialist is uh Steve chimel out of carvo Carver Mass yep but as far as at Zenith are you dealing with Jamie Bonet or somebody else um I think it was actually second Bob Forbes I know there's a few I think it was Bob actually that sounds familiar whoever it is you can have them call me and I can explain to them what

the commission's going to be looking at um what would be helpful as well is the John I'm sorry John I'm deal with John um what would be helpful to me is if we could put the dimensions the existing dimensions of the clearing that took place this this substantial so if we could if you could have that Dimension so we know what we're starting with and then what it's going to look like when

you complete the restoration work cuz there other Downstream interests that have an eye on this too so you're talking about Buzz's Bay Coalition and places like that so in Westport River Watershed Alliance because it's a direct tributary to BR chees Brook and all other stuff so you know I know that they might be looking for information as well so uh but if you could Dimension what's

presently there so that we know the scope and what would be left so I I believe that the deed restrictions says walking path correct yeah it says paths paths so what is a walking path and you know what's out there now is obviously not a walking path so we need to know what you're starting with what the alteration the dimensions of the alteration and what you're going to end up with as well okay

okay any other questions from the board so the lights in generator have been removed the yeah all the equipment's been taken off Y and you said that initially was just built to get to the back of the property correct so I mean I'm looking at this though why does it it looks like it keys off at some point right isn't that what it does there um uh the the second page is a is

a zoom in but I where you it teas off I'm just I just asked this because if it was you know I'm not saying that's not what it was used for but you would think that if it was a path to get to the back of the property it would be a linear where kind of loop the way it's looping around here I mean it's a lot of these access paths were

pre-existing to the property we say that and you you you said that initially you created the path based on what was there before yeah but looking at the second page here one can't help but think that it loops around so I'm wondering if there is you know was it built for ATVs was it built for all you know any kind of vehicles like that cuz I don't know I'm not expert on on on Pats or racing

or ATV but that's what it looks like to me on the second page there was there was an abundance of of writing prior to even being there so it's always been a dirt bike track and there's a path leading to cop yeah it crosses the city of for River Property you could ride to Copa up from this land yeah um well I mean regardless I'm glad that you guys are here in front of us and taking

responsibility and you're restoring it thank you for that anything else all right thanks for coming in all right thank you gentlemen for coming in and then the next update would just be we did receive correspondence from the land owner and consultant for that Bart in Bronson Street one um Greg Nicholas has been working on that with them uh and they said that they would be uh should have everything in for the

next meeting they have acknowledged that the Wetland is basically right to the edge of the pavement that they need to take the fill out need to restore it okay at first I think they had some delusions of grandeur that they'd be able to fill some Wetlands to build the house but I think I think all parties have come to the realization that that's not going to happen so well I don't know

how you could get I don't know how you could get that impression being out there I did speak very candidly with with a consultant who I know well um and he's 100% on board and has advised his client to what what's going to be required so he's putting that together yeah that's all all righty can I have a motion uh for approval of the minutes from May 3rd motion to approve minutes

seconded uh all in favor I I yes uh no public input can I have a motion to adjourn motion tojn second all in favor I I yes all right thank you all thank you